[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Notices]
[Pages 2665-2666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1267]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5644-7]


Proposed Settlement Under the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980, as Amended 
(``CERCLA''), 42 U.S.C. 9601 et seq., In the Matter of the Torch Lake 
Superfund Site, Houghton, MI

AGENCY: Environmental Protection Agency.

ACTION: Notice of a proposed administrative settlement and request for 
public comment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (``EPA'') is hereby giving 
notice that it proposes to enter into an administrative prospective 
purchaser settlement relating to the Mason Sands of the Torch Lake 
Superfund Site located in Houghton County, Michigan. The proposed 
settlement is with Quincy Development Corporation (``Quincy'') and 
Lakeshore Estates Associates, Inc. (``Lakeshore''), and will resolve 
their prospective liability, pursuant to Sections 106 and 107(a) of 
CERCLA, for injunctive relief and for past response costs incurred in 
connection with 197 acres of the Torch Lake Site known as the Mason 
Sands. This notice is an invitation to file written comments on the 
proposed administrative settlement.

DATES: Comments must be provided on or before February 18, 1997.

ADDRESSES: Comments should be addressed to Beth Reiner, Office of 
Superfund, Mail Code SR-6J, U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, and

[[Page 2666]]

should refer to: In the Matter of Torch Lake Superfund Site.

FOR FURTHER INFORMATION CONTACT:
Beth Reiner, Office of Superfund, Mail Code SR-6J, U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, 312/353-6576.

SUPPLEMENTARY INFORMATION: The Torch Lake Superfund Site is located on 
the Upper Peninsula of Michigan in Houghton County. Copper milling and 
smelting operations occurred at the site for over 100 years. By the 
late 1960s milling operations in the Torch Lake area had ceased. In 
1984 the Site was proposed for the National Priorities List (NPL) and 
in 1986 the Site was placed on the NPL. The Risk Assessment concluded 
there was no unacceptable risk to human health from the stampsands. 
However, the benthic community in the sediment of Torch Lake had been 
adversely affected and was not recovering. Two Records of Decision 
(ROD) were issued for the Site. The ROD for Operable Units (OU) I and 
III, which addressed all land covered with stampsands, was issued on 9/
30/92 and called for deed restrictions, soil cover and vegetation of 
stampsands. The OU II ROD, which addressed only Torch Lake itself, was 
issued on 3/31/94 and called for no action on Torch Lake itself.
    Quincy Development Corp. (QDC) was identified by U.S. EPA as a 
Potentially Responsible Party (PRP) for cleanup costs at the Site. They 
are the current owner of approximately 390 acres of OUI land. Lakeshore 
Estates Associates, Inc. (Lakeshore), a developer, is interested in 
purchasing approximately 197 acres of land currently owned by QDC which 
is part of the Torch Lake Superfund Site.
    In consideration of and in exchange for the United States' Covenant 
Not to Sue in the Prospective Purchaser Agreement, Lakeshore agrees to:
    (1) Provide roads from the public roadway to the borrow areas on 
Lakeshore's property and a road from the borrow areas to the isthmus in 
Torch Lake (where the Mason Sands almost connect to the eastern shore 
of Torch Lake) and/or any other roads required to allow U.S. EPA to 
access Lakeshore's property in order to excavate soils and truck them 
off Lakeshore's property;
    (2) Clear of trees and brush a minimum of 25 acres of land to allow 
U.S. EPA to excavate the soils (to a depth of approximately 6 to 8 
feet) for use as cover material as required by the Record of Decision;
    (3) Grant U.S. EPA and its representatives access (for an estimated 
3 years from the start of the remedial action) to the roads and borrow 
areas on Lakeshore's property to remove up to 241,000 cubic yards of 
soil; and
    (4) Maintain the soil cover and vegetation over the stampsands on 
property Lakeshore will purchase from Quincy.
    The Superfund liability associated with the QDC land currently 
prevents the beneficial re-use of the property. In the absence of an 
agreement which resolves this liability, no redevelopment is
    The Environmental Protection Agency will receive written comments 
relating to this agreement for thirty days from the date of publication 
of this notice.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 
et seq.
William E. Muno,
Director, Superfund Division.
[FR Doc. 97-1267 Filed 1-16-97; 8:45 am]
BILLING CODE 6560-50-M